Surget v. Newman
Supreme Court of Louisiana
APPEAL from the Fourth District Court, Parish of Jackson. Wear, J. 1. The plea of res adjudieata applies to all definitive judgments, and a definitive judgment is one that decides all the points in controversy between the parties (C. P., Art. 539; C. C., Art. 2286), and no matter in what form of action or proceeding, whether by petition, intervention or exception, the question may have been presented, the same question oneo judicially decided between the same .parties acts…
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APPEAL from the Fourth District Court, Parish of Jackson. Wear, J. 1. The plea of res adjudieata applies to all definitive judgments, and a definitive judgment is one that decides all the points in controversy between the parties (C. P., Art. 539; C. C., Art. 2286), and no matter in what form of action or proceeding, whether by petition, intervention or exception, the question may have been presented, the same question oneo judicially decided between the same .parties acts as a complete bar. 19.La. Reports, p. 328; 32 An. 829. 2. Parol evidence can not be admitted to vary or contradict the…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
The plaintiffs, who reside in the State of Mississippi, are the heirs of James Surget, who died in that State in, the year 1856. They allege that, at the time of his death, he owned ■lands situated in the parish of Jackson, to. the amount of 7200 acres- and that the defendant, Isidore Newman, claims the ownership of said lands by virtue of a tax sale made to him by the Sheriff of Jackson parish, on the 24th of June, 1881. The facts in the case, and the issues involved are stated in the ease of James Surget vs. Isidore Newman, 42 An., p. 777.
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